Nick V. Cavalieri, Member

Nick V. Cavalieri
Direct
T 614.229.3252
F 614.221.0479
Columbus Office
T 614.221.3155
F 614.221.0479

Mr. Cavalieri is the Chairman of the Commercial Transactions and Bankruptcy Section at Bailey Cavalieri LLC. Mr. Cavalieri is primarily involved in commercial litigation, debtor/creditor rights, bankruptcy, corporate reorganization and workouts. He has represented numerous financial institutions with secured and unsecured claims, other secured and unsecured creditors, debtors and creditors committees in bankruptcy proceedings and workouts involving varied industries. Mr. Cavalieri is a member and past Chair of the Bankruptcy Committee, a past member and past Chairman of the Legislative Committee, a past member of the Board of Governors, and the past President of the Columbus Bar Association. He is a past member of the Board of Trustees and past President of the Legal Aid Society of Columbus. He is also a past Trustee of the Columbus Bar Association Foundation.

He is one of only 500 Fellows nationwide to be elected to the prestigious American College of Bankruptcy. Election to the organization is by one's peers and is based on demonstrating the highest level of character, integrity, professional expertise and leadership. Mr. Cavalieri has also been chosen by his peers as one of the only 2% of attorneys to be included in the national publication of the Best Lawyers in America; he has been included continuously since its first publication in 1983 in the field of bankruptcy. He is also listed in Best Lawyers in America in the field of Bankruptcy Litigation and was chosen as the Central Ohio Bankruptcy Litigator of the Year for 2012 and 2014. He has also been regularly honored as one of only 5% of the Bar denominated as a "Super Lawyer" by the Law and Politics publication and has also been named in a poll conducted by the same publication as one of the "Top 50" lawyers in Central Ohio.

He is a frequent lecturer and seminar contributor in the areas of bankruptcy, reorganization, commercial law, and lender liability. He has co-authored, Banks and Thrifts: Regulatory Enforcement and Receivership Law, Matthew Bender, authored the Bankruptcy section of the Ohio State Bar Association Deskbook and numerous articles and educational materials on commercial law, bankruptcy, litigation and ethics.

Noteworthy Experience

  • Chapter 11 Representations:
  • Acting as lead debtor's counsel in reorganization cases on behalf of:
  • Irwin Mortgage Corporation (national mortgage lender and servicer which operated 169 production and satellite offices in 33 states)
  • Steeplechase Village (single asset apartment complex)
  • Baja Boats, Inc. (manufacturer of performance power boats)
  • Colfor Manufacturing, Inc. (manufacturer and seller of forged parts used in the automotive industry)
  • Genesis Worldwide, Inc. (publicly held manufacturer of steel handling equipment with 7 manufacturing facilities)
  • Nationwise Automotive, Inc. (national retailer of automotive parts)
  • Roberds, Inc. (publicly held national retailer of furniture, electronics, and appliances with 24 locations)
  • Whitnam Oil & Gas Co., Inc. (publicly held oil and gas exploration and production)
  • Tynes Chevrolet Cadillac (automobile dealership)
  • Acting as creditors' committee counsel in:
  • Cook United, Inc. (national discount retailer), Chapter 11 counsel to the Official Debentureholders' Committee
  • Horizon PCS (telecommunications), Chapter 11 counsel to the Official Committee of Unsecured Creditors
  • National Petroleum Corporation (oil and gas exploration pipeline, and production), counsel to the Official Committee of Unsecured Creditors
  • Southern Air Transport, Inc. (air transportation of cargo), Chapter 11 counsel to the Official Committee of Unsecured Creditors
  • Ormet Corporation (primary aluminum manufacturing), Chapter 11 co-counsel to the Official Committee of Unsecured Creditors
  • SPECO Corporation (manufacturer of parts for defense industry), Chapter 11 counsel for Official Creditors' Committee
  • Wendy's Food Systems, Inc., Chapter 11 counsel to the Official Committee of Unsecured Creditors
  • Acting as counsel to other major creditors in other major Chapter 11 and Chapter 7 cases:
  • Triad Resources, Inc. (counsel to lender secured in heavy equipment and drilling rigs)
  • Ameristop Food Marts (counsel to agent bank in loans secured by all assets of gas stations/convenience store)
  • Bush Leasing (lessor of vehicles to major trucking companies), counsel to major finance company with $50 million in leases to debtor
  • Cardinal Industries, Inc. (manufacturer, builder, and owner of apartment complexes, motels) represented lenders, real estate, furnishing, and operating secured lenders.
  • Federated Stores, Inc. (national department stores), counsel to various creditors, D&O carriers and governmental entities.
  • Flxible Corporation (manufacturer of buses), special litigation counsel to chapter 7 trustee in litigation involving fraudulent conveyances and officer and director liability)
  • Continental Airlines, Inc. (chapter 11 counsel to indenture trustee)
  • Braniff International (chapter 11 counsel to airport authority)
  • America West (chapter 11 counsel to airport authority)
  • Western Exploration (oil and gas exploration and production company), represented numerous owners of production interests in litigation with chapter 11 trustee

Publications & Speaking Engagements

  • Co-author, Banks and Thrifts: Regulatory Enforcement and Receivership Law, Matthew Bender, 1991
  • "Discovery in Bankruptcy Court" and "The Present Status of the Attorney-Client Privilege in Bankruptcy," Practicing Law Institute, Complex Litigation in the Context of the Bankruptcy Laws, 1984
  • An Overview of Consumer Bankruptcy Practice, Ohio State Bar Association, Deskbook, 1984
  • "Overview of Procedures for Recovering Assets of Failed Financial Institutions," American Bar Association Business Law Section, Annual Spring Meeting, 1991
  • Bankruptcy and Workouts, "Protecting Unsecured Creditors," Eastern Mineral Law Foundation Special Institute
  • "Advising Financially Distressed Business Entities," Cleveland Bar Association Annual Seminar (Co-author)
  • "The Failed Corporation: Fraudulent Conveyance and Equitable Subordination Litigation," Columbus Bar Association Bankruptcy Law Institute (Co-author and Faculty Member)
  • "Ethical Considerations Involving Conflicts of Interest for the Bankruptcy Practitioner," Mid-west Regional Bankruptcy Seminar (Co-author and Faculty Member)
  • "Bankruptcy Ethics: Conflicts of Interest," Columbus Bar Association Bankruptcy Law Institute (Co-author and Faculty Member)
  • "Real Estate Bankruptcies: Selected Issues," Columbus Bar Association, Real Property Institute (Co-author and Faculty Member)
  • "Statutory Overview of the Plan Process," Midwest Regional Bankruptcy Seminar (Co-author and Faculty Member)
  • "Representing the Consumer or Sole Proprietor in Liquidation," Ohio Legal Center Institute, Bankruptcy
  • "Debtor / Creditor Proceedings," Mid-Ohio Lawyers Association Annual Meeting (Co-author)
  • "The Business of Going Out of Business," Midwest Regional Bankruptcy Seminar (Co-author and Moderator of Panel Discussion)
  • "Bankruptcy Ethics: Conflicts of Interest," Midwest Regional Bankruptcy Seminar

Affiliations and Civic Involvement

  • Chairman of Bankruptcy/Commercial Transactions Department and Past Board Member of Bailey Cavalieri LLC
  • Past Chairman, Arter & Hadden's 28-member Commercial Transactions/ Bankruptcy Department for 20 years
  • Past President, Columbus Bar Association
  • Fellow, American College of Bankruptcy
  • Past Chair, Bankruptcy Committee, Columbus Bar Association
  • Past President, Legal Aid Society of Columbus
  • Member, Business Bankruptcy Committee, American Bar Association
  • Former Trustee, Columbus Bar Foundation
  • Past Chair, Financial Institutions Committee, Columbus Bar Association
  • Past Member, Council of Delegates, Ohio State Bar Association, 1980-1998
  • Member, Litigation Section, American Bar Association

Professional Recognition

  • Fellow, American College of Bankruptcy
  • Best Lawyers in America, 1983-Present
  • Best Lawyers in America, Central Ohio Litigator of the Year, 2012 and 2014
  • Super Lawyers, 2004-2009, 2012-Present
  • Super Lawyers – Top 50 Lawyers in Central Ohio, 2014

Education

  • Ohio State University (B.A., B.S., 1970)
  • Ohio State University (J.D., 1973)